1. All claims for damages for delay until November 8, 2019, among the instant lawsuits, shall be dismissed.

2. The defendant.

1. Indication of claims: To be as shown in attached Form 3;

2. Grounds for recognition: Articles 208 (3) 1 and 257 of the Civil Procedure Act.

3. On the legitimacy of the part of the claim for delay damages in the instant lawsuit ex officio, we examine the partial rejection.

A worker’s wage and retirement allowance (hereinafter “wages, etc.”) claim shall constitute a priority-based claim under Article 179 subparag. 10 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

However, since the legal nature of damages for delay of monetary obligation is the legal nature of damages for delay, it cannot be viewed as equal to claims such as wages, and Article 118 subparagraph 1 of the Debtor Rehabilitation Act stipulates the debtor's right to property arising before the commencement of rehabilitation procedures as rehabilitation claims.

However, since a custodian is obligated to pay wages, etc. to a worker who is a public-interest claim at any time, it is reasonable to deem that the custodian’s right to claim damages incurred by delay in the performance of such obligation after the commencement of rehabilitation procedures falls under “a claim arising from the act performed by the custodian with respect to the debtor’s business and property” under Article 179(1)5 of the Debtor Rehabilitation Act

(See Supreme Court en banc Decision 2013Da64908 Decided November 20, 2014). According to the foregoing legal doctrine, the Plaintiff (Appointed Party) claims for delay damages from the date indicated in the “date of pre-payment” column in the attached Table 2 of the wage list against the stock company B as to each accrued wage as stated in the “day of pre-payment” column in the same list. However, the claim arising until November 8, 2019, for which the decision on commencement of rehabilitation procedures with respect to the stock company B was rendered, can be exercised only through rehabilitation procedures, and thus, the part of the claim for delay damages from November 8, 2019 among the instant lawsuit is all unlawful.